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The Judicial Committee of the Privy Council Decisions |
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You are here: BAILII >> Databases >> The Judicial Committee of the Privy Council Decisions >> Meerabux v. The Attorney General of Belize (Belize) [2005] UKPC 12 (23 March 2005) URL: http://www.bailii.org/uk/cases/UKPC/2005/12.html Cite as: [2005] 2 WLR 1307, [2005] 2 AC 513, [2005] UKPC 12 |
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Meerabux v. The Attorney General of Belize (Belize) [2005] UKPC 12 (23 March 2005)
ADVANCE COPY
Privy Council Appeal No. 9 of 2003
George Meerabux Appellant
v.
The Attorney General of Belize Respondent
FROM
THE COURT OF APPEAL OF BELIZE
---------------
JUDGMENT OF THE LORDS OF THE JUDICIAL
COMMITTEE OF THE PRIVY COUNCIL,
Delivered the 23rd March 2005
------------------
Present at the hearing:-
Lord Hoffmann
Lord Slynn of Hadley
Lord Hope of Craighead
Lord Walker of Gestingthorpe
Lord Carswell
[Delivered by Lord Hope of Craighead]
------------------
The proceedings before the BAC
"I write as President of the Bar Association of Belize along with the Bar Committee of the Association seeking to move your Excellency to invoke the powers conferred by section 98(4) of the Belize Constitution upon the Governor General, in respect of Mr Justice Meerabux, a Justice of the Supreme Court of Belize.
As your Excellency may be aware, the Bar Association of Belize did on the 25th day of February 1999 pass a resolution against the continued tenure of Mr Justice Meerabux as a judge of the Supreme Court of Belize. The resolution was as follows:
'Be it resolved that the Bar Association of Belize respectfully requests the Government to invite the Honourable Mr Justice Meerabux to resign his office as a Judge of the Supreme Court.'
In addition to this resolution the Bar Committee of the Association has received a number of affidavits from persons containing assertions which now form the basis of the complaint of the Bar Association of Belize against Mr Justice George Meerabux."
After giving details of these affidavits, and noting that the Bar Committee had also been informed of complaints that had been lodged with the Governor-General by Mrs Lois Young Barrow, SC, on 16 and 30 October 2000, the letter concluded as follows:
"Relying upon the assertions contained in the affidavits delivered to the Bar Committee, the Bar Association of Belize hereby charges Mr Justice George Meerabux with misbehaviour in the office of a judge of the Supreme Court in that he has behaved in a manner which in the public and common perception shows that:
(a) he used his office corruptly for private gain and allowed his integrity to be called into question.
(b) he has demeaned his office and engaged in a conduct that is immoral and reprehensible so as to render him unfit to hold the office of a judge of the Supreme Court of Belize.
The Bar Association of Belize hereby invites your Excellency to consider the matters alleged in the accompanying affidavits and pray [sic] your Excellency to proceed upon the complaint as provided for in section 98(4) of the Belize Constitution."
"The Council have listened to the submissions and the Council have decided that for these proceedings the provision of section 6(8) [of the Constitution] does not apply. The relevant provision is that of section 54(13) and we have decided to regulate our own procedure. We have decided to proceed in camera and that is the Council's decision."
The tribunal confirmed this decision in an undated written ruling in which it again stated that it had power to hold the proceedings in camera in accordance with the provisions of section 54(13) of the Constitution. Mr Arnold explained in an affidavit dated 12 December 2001 in the proceedings before Blackman J that when it was making its ruling the tribunal had regard to section 6(9)(a) of the Constitution which, as he put it,
"[empowers] the tribunal as an administrative authority to direct the proceedings to be held in camera in circumstances where, among other things, publicity would prejudice the interests of justice or in order to protect the private lives of persons concerned in the proceedings."
"The issue is whether the Chairman of this tribunal, and Mr Philip Zuniga, one of the members of the tribunal, should recuse themselves on the basis that they are both members of the Bar Association of Belize, the complainant.
This tribunal has considered the various submissions made, perused all the authorities cited, and concluded that the principles of natural justice must be adhered to in its investigations. Accordingly, in an effort to ensure that justice is not only but also manifestly appears to be done, the Tribunal has decided ex abundante cautela, that Mr Zuniga should recuse himself.
In respect to the Chairman, the Tribunal has concluded that based on the provisions of section 54(11) of the Constitution and the proviso thereto, it is mandatory for the Chairman to preside over these proceedings.
This Tribunal sits and functions because the Governor General has referred to it for investigation the question of removing Mr Justice George Meerabux a Justice of the Supreme Court from office for misbehaviour. There is no other Tribunal competent to carry out the said investigation. The Chairman must remain ex necessitate since, if he were to recuse himself he would thereby abdicate from his duty under the Constitution, and this Tribunal could not proceed leading to a failure of justice."
"The Tribunal having inquired into the matter and having reported on the facts thereof hereby advice [sic] His Excellency The Governor General that Mr Justice George Meerabux should be removed from office in accordance with the said section 98(5)(b) of the Constitution of Belize."
The constitutional protections
"(1) All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.
…
(8) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.
(9) Nothing in subsection (8) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority –
(a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required to do in the interest of defence, public safety or public order."
The constitutional procedure
"98. … (3) A justice of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
(4) A justice of the Supreme Court shall be removed from office by the Governor-General if the question of the removal of that justice from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that that justice ought to be removed from office for inability as aforesaid or for misbehaviour.
(5) If the Governor-General considers that the question of removing a justice of the Supreme Court from office for inability as aforesaid or for misbehaviour ought to be investigated, then –
(a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and
(b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether that justice should be removed under this section.
(6) If the question of removing a justice of the Supreme Court from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the justice from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the justice should not be removed from office.
(7) Except as otherwise provided in this section, the functions of the Governor-General under this section shall be exercised by him in his own deliberate judgment."
"(1) There shall be a Belize Advisory Council (hereinafter referred to as 'the Council') which shall consist of a Chairman who shall be a person who holds, or has held, or is qualified to hold, office as a judge of a superior court of record, and not less than six other members who shall be persons of integrity and high national standing of whom at least two shall be persons who hold or have held any office referred to in section 107 of this Constitution and at least one shall be a member of a recognised profession in Belize:
Provided that no public officer other than a judge of a superior court of record shall be appointed as Chairman.
(2) Two members of the Council shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given with the concurrence of the Leader of the Opposition, and the other members, including the Chairman of the Council, shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition:
Provided that in the process of consultation with the Leader of the Opposition for the appointment of the Chairman, the Prime Minister shall use his best endeavours to secure the agreement of the Leader of the Opposition.
…
(4) Members of the Belize Advisory Council shall be appointed for a period of ten years or such shorter period as may be specified in their respective instruments of appointment.
…
(7) The functions of the Belize Advisory Council shall be –
(a) to advise the Governor-General in the exercise of his powers under section 52 of this Constitution [the prerogative of mercy];
(b) to perform such other tasks and duties as are conferred on it by this Constitution or any other law.
…
(8) In the exercise of its functions the Belize Advisory Council shall not be subject to the direction or control of any other person or authority.
…
(11) The Chairman and in his absence, the Senior Member, shall preside at all meetings of the Council, and in the absence of both the Chairman and the Senior Member, the member of the Council elected by a majority of the members attending the meeting shall preside at that meeting:
Provided that in any case where the Council is convened to discharge its duties under sections 88, 98, 102, 105, 108 or 109 of this Constitution, or where the Council is convened to hear an appeal from an officer to whom section 106 or section 107 of the Constitution applies, the Chairman shall preside at that meeting:
Provided further that where the Council is convened to consider the removal of the Chairman, some other person who holds or has held office as a Judge of a superior court of record appointed by the Governor-General on the advice of the Prime Minister given after consultation with the Leader of the Opposition, shall act as Chairman for that purpose.
…
(13) The Belize Advisory Council shall regulate its own procedure."
The first ground of appeal: bias
The second ground of appeal: public hearing
Conclusion